Compulsory acquisition of land in Kenya

  

Date Posted: 9/13/2012 9:10:30 PM

Posted By: warira  Membership Level: Gold  Total Points: 1095

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Compulsory acquisition is the involuntary transfer of property by a private owner to the government. Also referred to as eminent domain is usually the power possessed by the state over all the property in the country. Through this power they are able to acquire land compulsorily for the public use. This acquisition must be done according to the law (constitution and Land Acquisition Act). This is something that has been happening severally but each time it happens people’s arms are up in protest and curse the government in sheer bitterness. Many of their residential and commercial properties are to be brought down to pave way for roads as well as other public amenities. What they do not understand is that the government does not just wake up and decide to take up their property, there are many factors as well as procedures to be taken into account.

There are certain conditions that the government must satisfy to exercise this power. They are as follows:
i. Land must be private property.
ii. The government must be have the capacity to take physical possession of the property. They cannot acquire that which is intangible.
iii. The property should always be for public purpose. If the acquisition is not for the public benefit then it will be an illegal acquisition therefore the property cannot be used for any other purposes. For instance land that was left unused in the construction of a road cannot be sold or used for any other purpose and should be marked as road reserves.
iv. The private owner of the land must be paid full compensated in full. The compensation should be adequate and should be paid without any unreasonable delay. There are many factors to be considered such as; the expenses incurred by a person who has to change his residence, damage caused

by the publication in the Gazette, damages that may be incurred on the owner’s other property

The property can be acquired temporarily or permanently depending on the government’s purposes for it.

The procedure for both types of acquisition to be followed is:
i. The government informs the Minister of Lands of their intentions to acquire the land.
ii. The Minister for Lands directs the Commissioner of Lands in writing to acquire the land compulsorily.
iii. Commissioner of Land publishes a notice in the Kenya Gazette to inform the public of their intentions. A copy is sent to everyone to be affected by the acquisition and they are informed of the venue and date of the inquiry to be held.
iv. Commissioner determines the value of the land as per the Land Acquisition Act.
v. Commissioner declares an award of compensation in writing to people affected by the acquisition. This award is final unless challenged in court. If one is not satisfied with the amount they should accept it but must indicate that they have accepted it under protest. Thereafter they proceed to court to make their claims.

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